Crim - Part 2

Question 1

Jurisdiction

Answer 1

Felony - District Court

Misdemeanor - County Court

Question 2

Venue

Answer 2

Any county where an element of the offense occured

Question 3

SOL

Answer 3

3 years for most felonies

Question 4

Entitled to Attorney

Answer 4

Adversarial proceeding that could result in incarceration

Question 5

Initial Appearance before Magistrate

Answer 5

Without unnecessary delay, but not later than 48 hours after arrest

Question 6

First 2 Steps

Answer 6

Read; plea of not guilty

If these steps are skipped they can be fixed later on (read and reintroduce evidence) or the parties can simply stipulate

Question 7

The Rule

Answer 7

Court swear in an then exclude witnesses from the courtroom during the testimony of other witness.

Question 8

Admit Business Records without Witness

Answer 8

Business records affidavit filed 2 weeks before trial

Question 9

Photo Foundation

Answer 9

Sponsoring witness, fair and accurate depiction

Question 10

Video Foundation

Answer 10

Sponsoring witness;

good working condition
fair and accurate depiction
no alteration

Question 11

Denial of Bail

Answer 11

2 prior felonies or current felony committed while out of bail

Question 12

Appeal by Prosecution

Answer 12

Prosecution may not appeal after jeopardy attaches

Question 13

Accomplice Witness

Answer 13

Independent corroboration is required to admit testimony

Question 14

Overcome refusal to testify b/c of self-incrimination

Answer 14

Force testimony by giving the witness use immunity

Question 15

A-C Privilege Exceptions

Answer 15

Crime fraud or waiver exception

Question 16

Child Witness

Answer 16

“Without sufficient intellect” may be deemed incompetent

Question 17

Jury Instruction

Answer 17

Appellate court can review before trial

Question 18

Preserve Error

Answer 18

Contemporaneous objection with adverse ruling at the bare minimum

Question 19

Impeach by Conviction on Appeal

Answer 19

No. Only if it is a final conviction may it be used. One on a appeal is not

Question 20

Impeach by Conviction on Probation

Answer 20

Yes.

Question 21

Reasonable doubt jury instruction

Answer 21

No, because it is not likely to be helpful

Question 22

Jury instruction on failure of D to testify

Answer 22

Yes. He has a right not to testify

Question 23

Jailhouse Snitch

Answer 23

Need corroborating evidence connecting D to the crime

Question 24

Deadline for Warrant

Answer 24

3 days excluding date of issuance and date of execution

Question 25

Arrest without a warrant

Answer 25

Committed in the officer’s presence or view

Question 26

Capias

Answer 26

Writ issued by a judge directed to a cop telling him to bring a person in

Question 27

Physician Patient privilege

Answer 27

Does not apply in Texas criminal cases.